Patent Law Updates

Featured Expert Legal Commentary

Gunn, et al., v. Minton: Supreme Court Denies Federal Jurisdiction for Patent-Related Malpractice Suit

By Tom Zuber and Jeff Zuber of Zuber Lawler & Del Duca

A unanimous Supreme Court held that a state legal malpractice claim involving a patent issue did not “arise under” federal patent law, and thus did not belong in federal court. In Gunn, et al., v. Minton, No. 11-1118 (U.S. Feb. 20, 2013), the Court found that while resolution of a… More...

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Hall v. Bed Bath & Beyond: Federal Circuit Rejects District Court’s Pleading Standards for Design Patent Infringement

Hall v. Bed Bath & Beyond Procurement Co. Inc.  |  May 8, 2013

The Federal Circuit recently allowed several design patent infringement-related claims to go forward after reversing a district court’s complete dismissal. In Hall v. Bed Bath & Beyond Procurement Co. Inc., 2011-1165, 2011-1235 (Fed. Cir. Jan. 25, 2013), the Court sided mostly with More...

Arkema v. Honeywell Intl.: Federal Circuit Explains MedImmune Standard for Declaratory Judgment Jurisdiction Involving Indirect Patent Infringement

Arkema, Inc. v. Honeywell Intl., Inc.  |  May 1, 2013

The Federal Circuit recently interpreted the Supreme Court’s MedImmune standard for declaratory judgment jurisdiction involving alleged indirect patent infringement. In Arkema, Inc. v. Honeywell Intl., Inc., 2012-1308 (Fed. Cir. Feb. 5, 2013), the Federal Circuit found that several elements More...

America Invents Act: First-to-File Priority for Patent Applications Begins March 16

Leahy-Smith America Invents Act of 2012  |  February 25, 2013

The Leahy-Smith America Invents Act (“AIA”) will be fully implemented on March 16, 2013. Since its passage, the provisions of the AIA have come into effect in stages. The important first-to-file change takes effect on patent applications filed after March 16. As first-to-file replaces the More...

Edwards Lifesciences v. Corevalve: Federal Circuit Sides Strongly with Prevailing Plaintiffs Seeking Injunctions

Edwards Lifesciences AG v. Corevalve, Inc.  |  February 5, 2013

The Federal Circuit has created some ambiguity regarding its propensity to issue permanent injunctions to prevailing plaintiffs. In Edwards Lifesciences AG v. Corevalve, Inc., 2011-1215 and 2011-1257, (Fed. Cir. Nov. 13, 2012), the Court stated that such plaintiffs may “normally expect” the More...

Fox Group, Inc. v. CREE, Inc.: Federal Circuit Allows Prior Inventor to Invalidate Patent with Single Iteration of Practice and Minimal Disclosure

Fox Group, Inc. v. CREE, Inc.  |  January 18, 2013

The Federal Circuit has made it easier for prior inventors to invalidate an existing patent. In Fox Group, Inc. v. CREE, Inc., 2011-1576, (Fed. Cir. Nov. 28, 2012), the Court invalidated two major claims in an existing product patent as a prior inventor was able to prove reduction to practice More...

Revision Military v. Balboa Manufacturing: Patent Infringement Preliminary Injunctions Must Use Federal Circuit Law

Revision Military, Inc. v. Balboa Manufacturing Co.  |  January 14, 2013

The Federal Circuit recently clarified that district courts should not employ their own circuit’s standard for a preliminary injunction when dealing with patent infringement cases. In Revision Military, Inc. v. Balboa Manufacturing Co., 2011-1628 (Fed. Cir. Nov. 27, 2012), the Court held that a More...

In re EMC Corp.: Federal Circuit Establishes Logical Relationship Test for Joinder

In re EMC Corp., et al.  |  December 12, 2012

The Federal Circuit recently held for the first time that mandamus was available to challenge a district court’s discretion in motions to sever and transfer. In In re EMC, the Court also found that in order to join parties, there must be a “logical relationship” between them, involving More...

In re Baxter Intl.: Federal Circuit Allows Patent Reexamination After a Final Court Judgment

In re Baxter Intl.  |  October 11, 2012

The Federal Circuit recently supported the PTO’s authority to overrule a judicial decision on patent claim validity. In In re Baxter Intl., Inc., 673 F.3d 1357 (Fed. Cir. 2012), the Court upheld a PTO reexamination decision to invalidate patent claims, even though the Court previously upheld a More...

Zoltek Corp. v. United States: Federal Circuit Revisits Case, Allows Process Patent Claim Against United States

Zoltek Corp. v. United States  |  September 18, 2012

The Federal Circuit recently reinterpreted its own holdings to allow process patent holders to sue the United States when part of the process occurs in a foreign country. In Zoltek Corp. v. United States, 672 F.3d 1309 (Fed. Cir. 2012), the Federal Circuit revisited its holding in Zoltek III and More...

Bard Peripheral Vascular, Inc. v. Gore & Assoc.: Federal Circuit Finds the Objective Reckless Prong of the Seagate Willful Infringement Test to be a Matter of Law

Bard Peripheral Vascular, Inc. v. Gore & Assoc., Inc.  |  August 22, 2012

The Federal Circuit recently changed the analysis of willful infringement, making the first prong of objective recklessness from a matter of fact to a matter of law. In Bard Peripheral Vascular, Inc. v. Gore & Assoc., Inc., 682 F.3d 1003 (Fed. Cir. 2012), the Federal Circuit took note of the mixed More...

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Companies Mentioned

Patent Law

The following companies are mentioned in Patent Law Updates:

Prometheus Laboratories, Inc.

Mayo Collaborative Services d.b.a. Mayo Medical Laboratories

Leading Lady, Macy’s Department, Inc.

Princo America Corp.

Medtronic CoreValve, LLC

Kohl’s Department Stores, Inc.

International Trade Commission

Edwards Lifesciences LLC

K-Mart Corp.

TiVo Inc.

McKesson Information Solutions, Inc.

Mayo Clinic Rochester

Edwards Lifesciences AG

J.C. Penney Company, Inc.

EchoStar Corp.

Bridge Medical, Inc.

Shanghai Honest Tool Co., Inc.

CoreValve, Inc.

Glamourmom LLC

EchoStar DBS Corp.

Zoltek Corp.

Forest Group, Inc.

Honeywell International, Inc.

Federated Department Stores

EchoStar Technologies Corp.

Lockheed Martin Corp.

Cibon Industrial

Arkema Inc.

Elizabeth Lange LLC d.b.a. Liz Lange Maternity

EchoSphere LLLC

Baxter International Inc.

Bon Tool Company

Bed Bath & Beyond, Inc.

U.S. Patent and Trademark Office

ECHOSTAR Satellite LLC

United States Patent and Trademark Office

Walgreens Corp.

West Point Home, Inc.

SmithKline Beecham PLC

Dish Network Corp.

Smithkline Beecham Corp. (d.b.a. GlaxoSmithKline, plc.)

Touchsport Footwear USA, Inc.

Bed Bath & Beyond Procurement Co., Inc.

SmithKline Beecham Corp. d.b.a GlaxoSmithKline

Old Reliable Wholesale, Inc.

HT Window Fashion Corp.

International Seaway Trading Corp.

Glaxo Group Limited d.b.a. GlaxoSmithKline

Cornell Corp.

Ortho-McNeil Pharmaceutical, Inc.

Additional Resources

Patent Law